EMPLOYER DISCRIMINATION; DISCRIMINATION – In General; Elements of Prima Facie Case

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A prima face case of retaliation is established by allegations that the employee engaged in protected activity, the employer knew thereof, the employer took action against or adverse to the interest of the employee, and the employer acted “because of” the employee’s protected activity. The motive (“because of”) element is established by direct proof or inferred from the record as a whole. An inference of unlawful motive, i.e., the “nexus” between the protected conduct and the employer’s challenged action, may be found in facts which suggest an unlawful motive, including suspicious timing, disparate treatment, departure from established policies and procedures, and employer justifications which are exaggerated, inadequate, inconsistent or contradictory.